Florida Senate - 2022 CS for SB 974 By the Committee on Judiciary; and Senator Gruters 590-02526-22 2022974c1 1 A bill to be entitled 2 An act relating to sovereign immunity; amending s. 3 768.28, F.S.; increasing the statutory limits on 4 liability for tort claims against the state and its 5 agencies and subdivisions; requiring the Department of 6 Financial Services to adjust the limitations on tort 7 liability every 10 years after a specified date and 8 publish the adjustments on its website; reenacting ss. 9 45.061, 110.504, 111.071, 163.01, 190.043, 213.015, 10 252.51, 252.89, 252.944, 260.0125, 284.31, 284.38, 11 322.13, 337.19, 341.302, 373.1395, 375.251, 381.0056, 12 393.075, 395.1055, 403.706, 409.993, 455.221, 455.32, 13 456.009, 456.076, 471.038, 472.006, 497.167, 513.118, 14 548.046, 556.106, 589.19, 723.0611, 760.11, 766.1115, 15 766.112, 768.1355, 768.295, 944.713, 946.5026, 16 946.514, 961.06, 1002.33, 1002.333, 1002.34, 1002.55, 17 1002.83, 1002.88, 1006.24, and 1006.261, F.S., to 18 incorporate the amendments made to s. 768.28, F.S., in 19 references thereto; providing applicability; providing 20 an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1.Subsection (5) of section 768.28, Florida 25 Statutes, is amended to read: 26 768.28Waiver of sovereign immunity in tort actions; 27 recovery limits; civil liability for damages caused during a 28 riot; limitation on attorney fees; statute of limitations; 29 exclusions; indemnification; risk management programs. 30 (5)(a)The state and its agencies and subdivisions are 31 shall be liable for tort claims in the same manner and to the 32 same extent as a private individual under like circumstances, 33 but liability does shall not include punitive damages or 34 interest for the period before judgment. Neither The state, nor 35 its agencies, and its or subdivisions are not shall be liable to 36 pay a claim or a judgment by any one person which exceeds the 37 sum of $300,000 $200,000 or any claim or judgment, or portions 38 thereof, which, when totaled with all other claims or judgments 39 paid by the state or its agencies or subdivisions arising out of 40 the same incident or occurrence, exceeds the sum of $400,000 41 $300,000. However, a judgment or judgments may be claimed and 42 rendered in excess of these amounts and may be settled and paid 43 pursuant to this section act up to $300,000 $200,000 or 44 $400,000, as applicable. The $300,000, as the case may be; and 45 that portion of the judgment that exceeds these amounts may be 46 reported to the Legislature, but may be paid in part or in whole 47 only by further act of the Legislature. 48 (b)Notwithstanding the limited waiver of sovereign 49 immunity under paragraph (a) provided herein, the state or an 50 agency or subdivision thereof may agree, within the limits of 51 insurance coverage provided, to settle a claim made or a 52 judgment rendered against it without further action by the 53 Legislature, but the state or agency or subdivision thereof does 54 shall not waive be deemed to have waived any defense of 55 sovereign immunity or increase to have increased the limits of 56 its liability as a result of its obtaining insurance coverage 57 for tortious acts in excess of the $300,000 $200,000 or $400,000 58 $300,000 waiver provided in paragraph (a) above. 59 (c)The limitations of liability set forth in this 60 subsection shall apply to the state and its agencies and 61 subdivisions whether or not the state or its agencies or 62 subdivisions possessed sovereign immunity before July 1, 1974. 63 (d)Beginning July 1, 2032, and on July 1 every 10 years 64 thereafter, the Department of Financial Services shall adjust 65 the limitations of liability in this subsection, rounded to the 66 nearest $10,000, to reflect changes in the Consumer Price Index 67 for the Southeast or a successor index as calculated by the 68 United States Department of Labor. After each adjustment, the 69 department must publish the adjusted liability limitation 70 amounts on its website which amounts shall apply to causes of 71 action accruing on or after the October 1 following the 72 adjustment date. 73 (e)(b)A municipality has a duty to allow the municipal law 74 enforcement agency to respond appropriately to protect persons 75 and property during a riot or an unlawful assembly based on the 76 availability of adequate equipment to its municipal law 77 enforcement officers and relevant state and federal laws. If the 78 governing body of a municipality or a person authorized by the 79 governing body of the municipality breaches that duty, the 80 municipality is civilly liable for any damages, including 81 damages arising from personal injury, wrongful death, or 82 property damages proximately caused by the municipalitys breach 83 of duty. The sovereign immunity recovery limits in paragraph (a) 84 do not apply to an action under this paragraph. 85 Section 2.Sections 45.061, 110.504, 111.071, 163.01, 86 190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 284.31, 87 284.38, 322.13, 337.19, 341.302, 373.1395, 375.251, 381.0056, 88 393.075, 395.1055, 403.706, 409.993, 455.221, 455.32, 456.009, 89 456.076, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106, 90 589.19, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 768.295, 91 944.713, 946.5026, 946.514, 961.06, 1002.33, 1002.333, 1002.34, 92 1002.55, 1002.83, 1002.88, 1006.24, and 1006.261, Florida 93 Statutes, are reenacted for the purpose of incorporating the 94 amendments made by this act to s. 768.28, Florida Statutes, in 95 references thereto. 96 Section 3.This act applies to claims arising on or after 97 October 1, 2022. 98 Section 4.This act shall take effect October 1, 2022.